Legal Question in Wills and Trusts in Florida
Death of a spouse and Joint accounts
My husband has terminal cancer. He has a will providing me with 30% of his estate upon his death. We share a joint checking and savings account in the state of Florida. Do these accounts become mine upon his death or are they considered part of his estate and I receive only 30%?
1 Answer from Attorneys
Re: Death of a spouse and Joint accounts
NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.
Yes any joint accounts titled with right of survivorship go immediately to the survivor. You may also be entitled to a life estate in the marital residence.
Scott R. Jay, Esq.
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